Monday, July 23, 2012

Knee change surgical operation and communal protection Benefits

Best Orthopedic Surgeons - Knee change surgical operation and communal protection Benefits
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If you cannot work due to continuing knee problems, you should consider applying for social protection Disability benefits. This description explains how social protection evaluates claims for people with continuing knee problems before and after knee exchange surgery. Knee exchange surgery, however, is not required for approval for benefits.

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When knee problems impact your ability to walk effectively, social protection applies 1.02A of the musculoskeletal listings (or definitions) of disability. Listing 1.02A is below:

1.02 Major Dysfunction of a joint(s) (due to any cause): Characterized by gross anatomical deformity (e.g., subluxation, contracture, bony or fibrous ankylosis, instability) and continuing joint pain and stiffness with signs of limitation of petition or other abnormal petition of the affected joint(s), and findings on appropriate medically appropriate imaging of joint space narrowing, bony destruction, or ankylosis of the affected joint(s). With:

A. Involvement of one major peripheral weight-bearing joint (i.e., hip, knee, or ankle), resulting in inability to ambulate effectively, as defined in 1.00B2b...

The phrase "major weight-bearing joint" in this listing basically means a joint you need for standing and walking. Knees, along with hips and ankles, fall into this category.

Disability Benefits Before Knee exchange Surgery

For my clients who need - but have not had - knee exchange surgery, the usual situation is that they have degenerative joint disease or internal joint derangement and the more conservative treatments, together with arthroscopy, pool therapy, and/or therapeutic injections, have been unsuccessful. Of this group, some await knee exchange surgical operation because their orthopedic surgeons were involved about their younger age. These clients seem to be under 50. The rationale for waiting (when possible) is that synthetic knee joints have a life span, and the course (apparently) cannot be repeated indefinitely. If you face this situation, no ifs ands or buts discuss these issues wholly with your surgeon.

My clients awaiting knee exchange surgical operation are normally popular ,favorite for benefits at social protection benefits hearings under Listing 1.02A when they have:
(1) the appropriate imaging studies with "marked" findings,
(2) test and ongoing medicine by an orthopedic specialist, and
(3) comments about knee exchange in the medicine records.

A practice note for attorneys and non-attorney representatives: I ask my clients with ongoing knee problems about hip and low back issues. I also ask if the healthier knee is getting worse because of favoring it. My clients commonly fabricate these problems because of their difficulties walking (their "gait"). These social mobility issues are taken into catalogue at a hearing. Medical-vocational guidelines apply for those near 50.

Disability Benefits After Knee exchange Surgery

For my clients who have had knee exchange surgery, the general questions shift to two areas: (1) period (when will full saving occur) and (2) the ongoing mechanical integrity of the synthetic joint. As for period issues, I hope my clients advantage from knee exchange surgical operation so they can get on with their lives. Still, at least a year of disability leading into and after the exchange surgical operation is valuable for approval for benefits. Technically, if post-surgical saving happens before a social protection benefits hearing, a "closed period" of benefits may apply. This means that only backpay, and not ongoing monthly benefits, are payable. This makes sense if your new knee joint gets you back on your feet again.

As for mechanical integrity of the synthetic knee joint, I have had some clients who, despite knee exchange and the allowable follow-up treatment, still have issues with the joint. They may have problems with locking or clicking. Again, discuss these situations with a remarkable professional. In the context of social protection benefits, you may get ongoing benefits if the knee exchange is less than fully functional. The question becomes a matter of degree.

A practice note for attorneys and non-attorney representatives: If your client needs a cane when standing, you can argue at a hearing that he or she is effectively "one-handed" when standing at inherent jobs, even under a "sit-stand option". Important, too, is whether or not your client holds the cane with his or her dominant hand.

A final thought. social protection benefits are also ready for those who may not need knee exchange surgical operation in the foreseeable future. The greatest question is how your social curative issues (physical and emotional) impact your ability to work full-time. There are many problems people can have with joints, such as gout and rheumatoid arthritis. Hand impairments, as well, can be devastating. Pain and immobility from these conditions and others can, depending on the severity, allow you to receive social protection benefits.

Andrew W. Kinney, Esq.

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